Q: What is Special Education?
Special Education is specially designed instruction provided at no cost the parent. It is not a placement but rather a service. The child should be educated in least restrictive environment (LRE).
Q: Who is eligible for special education under IDEA
We look to both federal and state regulations for eligibility criteria. There are 13 qualifying categories with the majority of students in CA qualifying under Specific Learning Disability (SLD), Speech Language Impairment (SLI), Other Health Impairment (OHI).
Q: What age is a student eligible for special education?
For children between the ages of 5 and 18, age does not limit a student’s eligibility for special education. Children younger than 5 are only eligible for special education if they have been identified by a local educational agency as needing intensive or early childhood special education. Students between the ages of 18 and 22 are only eligible if they have not finished high school. Cal. Educ. Code §§ 56026(c) and 56026.1(a); 34 C.F.R. § 300.102(a)(3).
Q: Can a medical diagnosis qualify a student for special education?
Your child may have a medical diagnosis for a disability and still not qualify for special education. A child's disability must also require instruction and/or services which cannot be provided with modification of the regular school program. Cal. Educ. Code § 56026(b); see D.R. ex rel. Courtney R. v. Antelope Valley Union High Sch. Dist., 746 F. Supp. 2d 1132, 1141 (C.D. Cal. 2010) (“Though [child’s] orthopedic impairment adversely affects her education, [the child] does not meet an essential qualification for a remedy under IDEA; she cannot show a need for special education.”) .
Q: What is specially-designed instruction?
Special education means specially designed instruction, at no cost to the parent, to meet the unique needs of a child with disabilities. 34 C.F.R. § 300.39; Cal. Educ. Code § 56031(a).
Federal definition: Specially-designed instruction means adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability and to ensure access to the general curriculum, so that s/he can meet educational standards. 34 C.F.R. § 300.39(b)(3).
California definition: In addition to the federal definition of special education, California requires that special education be provided to those students with disabilities whose educational needs cannot be met with modification of the regular instructional program. Cal. Educ. Code § 56031.
Q: What is an appropriate educational program?
An “appropriate” educational program and placement is one that is designed to meet a student’s unique needs as described in her/his individualized education program (IEP) and that allows him/her to obtain “educational benefit.” In California, educational benefit means that the child is making progress toward achieving the goals in his/her IEP. County of San Diego v. Cal. Special Ed. Hearing Office, 93 F.3d 1458, 1462 (9th Cir. 1996). In addition to the IEP goals, the student should be involved in the general curriculum and making progress in it. Cal. Educ. Code § 56345(a)(4)(B).
Q: Does a student with a diagnosis of Dyslexia automatically receive special education?
No, a student must still qualify under federal & state guidelines before receiving special education services, a diagnosis will not automatically qualify a child. The child should be refereed for a comprehensive special education evaluation which must include phonological processing to determine eligibility. Each state has legislation on Dyslexia, in CA we have AB1369 also known as CA Dyslexia Guidelines.
Q: What rights do parents have in IEP process?
Parents might be surprised to learn how rich their procedural safeguards (rights) are under IDEA. Some commonly overlooked rights include right to be informed of purpose of IEP meeting, right to request a draft of any assessment data prior, right to bring an advocate or other person, right to record your meeting, right to share parent concerns and have those captured on the IEP, right to interpreter, right to have info provided in native language, right to disagree with team decision, right to have all areas of a child's disability fully identified, right to file a state compliant and your right to due process. A parents rights are the cornerstone of IDEA this brief list in no way captures the comprehensive protections available under IDEA and Section 504.
Q: Do I have to sign the IEP at the meeting?
No. If fact its never a good idea to sign the IEP at the meeting, its reasonable to ask for copy take it home and read it over. No changes (or services)are made until you agree to the IEP. You have right to agree in part and sign the IEP with exception. You have right be fully informed and fully participate in your child's education. You should never sign IEP until you fully understand and agree with what you are signing.
Q: I was told my child doesn't qualify for IEP?
You have right to an Independent Educational Evaluation (IEE). In cases of eligibility its often a good idea to exercise your right to IEE. Eligibility is complicated and districts have the upper hand.
Q: What if i don't agree with school district evaluation?
If a parent disagrees with the school district assessments they have right to request an Independent Educational Evaluation (IEE). This request should be provided in writing, Parent has right to select the IEE provider, district will provide a list you are not required to select from that list. Get feedback on IEE providers to ensure you get an independent assessor highly qualified and truly independent from your district. When it comes to your right to IEE the district has two choices: 1) fund IEE or 2) file for due process.
Q: What is Prior Written Notice (PWN)?
The district is required to provide the parent prior written notice if it refuses to initiate change of identification, evaluation, placement or provide a provision of FAPE. The PWN must follow a specific format, it must inform the parent of the right to challenge the districts decision.
Q: When is the severity of disability such that a more segregated setting (SDC) is appropriate?
Every student has right to be educated to maximum extent possible side by side with non-disabled peers. In fact the district must exhaust all supports before removing a child from LRE setting. Even children labeled "severe" have the right to be educated in LRE with appropriate supports and services.
Q: What is Assistive Technology (AT)?
AT is defined as any item, piece of equipment or product that is uses to assist the student with disability. Each IEP team is required to consider AT, however rarely is an AT assessment suggested by the district. Parents can request an AT assessment (in writing) at anytime.
Q: What is a State Complaint?
The Ca Department of Education (CDE) provides a parent friendly process to protect students when a district has violated parts of IDEA. Common violations include failure to follow timelines, failure to follow the IEP, failure to inform parents or allow parent to fully participate, failure to fund IEE, failure to identify all needs, and failure to file due process if IEE was requested and rejected by district. CDE has 60 days to investigate the allegation following that they issues a written decision and corrective action if warranted. Section 504 complaints must be filed with Office of Civil Rights and follow a different criteria.
Q: Who provides mental health services?
Districts are required to provide mental health services when and if these services are necessary to help a child with a disability benefit and access his/her education.
Q: Can a child with disability be suspended?
Yes, a suspension will be the same as non disabled students, expect that it can't extend beyond 10 consecutive days without a "manifestation determination" meeting. A "pattern of exclusion" may also be considered a change in placement.
Q: What happens after my child on IEP Graduates?
Graduation with a regular high school diploma is a change of placement and special education services will end. If child is receiving a certificate of completion they remain eligible for special education services until age 22.